C2004/3337, Transcript of Proceedings [2004] AIRCTrans 2051 (3 June 2004)

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ADMINISTRATOR APPOINTED

Level 4, 179 Queen St MELBOURNE Vic 3000
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TRANSCRIPT OF PROCEEDINGS


O/N 7205

AUSTRALIAN INDUSTRIAL

RELATIONS COMMISSION

SENIOR DEPUTY PRESIDENT WATSON

C2004/3337
C2004/3338
C2004/3341
C2004/3575

SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES
ASSOCIATION/TOYS R US (NSW) AWARD 2002

SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES
ASSOCIATION/TOYS R US (VICTORIA) AWARD 2002

SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES
ASSOCIATION/TOYS R US (WESTERN AUSTRALIA)
AWARD 2002

SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES
ASSOCIATION/TOYS R US (SOUTH AUSTRALIA)
AWARD 2002

Applications under section 113 of the Act
by the Shop, Distributive and Allied Employees
Association to vary the above awards re Safety
Net Review - Wages May 2004 Decision [PR002004]

MELBOURNE

10.16 AM, MONDAY, 24 MAY 2004

PN1

MR J. RAIMONDO: I appear for the SDA and, with MS M. COOK, and MS J. HEAGNEY.

PN2

MS V. MOULATSIOTIS: I seek leave to appear on behalf of Toys R Us.

PN3

THE SENIOR DEPUTY PRESIDENT: Yes, Mr Raimondo?

PN4

MR RAIMONDO: Thank you, your Honour. Your Honour, we would also like to rely back on our submissions back in C2004/3390 with regard to this particular matter. If I could also ask your Honour if it is okay by you that we deal with the four matters regarding Toys R Us in the one submission.

PN5

THE SENIOR DEPUTY PRESIDENT: Yes, very well. Well, in that case - - -

PN6

MR RAIMONDO: I can give you those numbers if you like.

PN7

THE SENIOR DEPUTY PRESIDENT: Yes, all right. No, I will have them, thank you. I will call on all of the Toys R Us matters, so that is 2004/3341, 3338, 3337 and 3575.

PN8

MR RAIMONDO: Thank you, your Honour. Your Honour, with regards to those, if I could table the proof of service and also the draft orders.

EXHIBIT #SDA1 SERVICE DOCUMENTS

EXHIBIT #SDA2 DRAFT ORDER FOR WESTERN AUSTRALIAY

EXHIBIT #SDA3 DRAFT ORDER FOR VICTORIA

EXHIBIT #SDA4 DRAFT ORDER FOR NEW SOUTH WALES

EXHIBIT #SDA5 DRAFT ORDER FOR SOUTH AUSTRALIA

PN9

MR RAIMONDO: Thank you, your Honour. Your Honour, we believe these applications are consistent with the principles set out in the Full Bench decision. In particular principle 8E, and inserting that particular principle into the award and as per 8D give our commitment to the principle. Your Honour, with regard to these four draft orders, we would seek the date of 14 June 2004 to be operative, if it pleases the Commission.

PN10

THE SENIOR DEPUTY PRESIDENT: 14 June, yes, and that provides 12 months having regard to the variations by Deputy President Ives and Deputy President Hampton.

PN11

MR RAIMONDO: That is correct, your Honour.

PN12

THE SENIOR DEPUTY PRESIDENT: Very well. Yes, thank you.

PN13

MS MOULATSIOTIS: Your Honour, Toys R Us consents to the draft orders and the terms forwarded by Mr Raimondo on 20 May which I believe are those ones that have been forwarded, or tabled this morning in the Commission.

PN14

THE SENIOR DEPUTY PRESIDENT: Yes, thank you. Thank you, Ms Moulatsiotis. Very well, these applications by the Shop, Distributive and Allied Employees Association to vary the four awards to which Toys R Us is respondent, the awards apply in the states of Western Australia, Victoria, New South Wales and South Australia respectively. The applications seek to give effect to the May 2004 safety net review wages decision in print 2004, PR002004.

PN15

I am satisfied that the draft orders properly give effect to the May 2004 decision. They contain the required form of words in respect to the absorption. Commitment in respect to absorption has been given by the union in each case and the operative date June 14 2004 complies with the 12 months requirement of the principles. Each of the orders shall come into force in the first pay period commencing on or after 14 June 2004 and shall remain in force for a period of six months. I will adjourn each of those matters and I will adjourn generally at this stage.

ADJOURNED INDEFINITELY [10.21am]

INDEX

LIST OF WITNESSES, EXHIBITS AND MFIs

EXHIBIT #SDA1 SERVICE DOCUMENTS PN9
EXHIBIT #SDA2 DRAFT ORDER FOR WESTERN AUSTRALIAY PN9
EXHIBIT #SDA3 DRAFT ORDER FOR VICTORIA PN9
EXHIBIT #SDA4 DRAFT ORDER FOR NEW SOUTH WALES PN9
EXHIBIT #SDA5 DRAFT ORDER FOR SOUTH AUSTRALIA PN9